Domain

Please note that this domain is not affiliated with ServWise, it was previously used for redirects to the main servwise.com site, but has been unused for some time. The sale of these domains is in an effort to mitigate losses through lack of payment, however if the outstanding invoices are paid by Sam Morgan, both domains will be provided to ServWise for no charge. My apologies to any former customers that received communication regarding this situation, no further direct contact will be forthcoming.

Please contact us at domains@servwise.co.uk to express interest in purchasing servwise.co.uk
or servwise.com.au

Sam has chosen to comment on a public forum regarding this situation and I am obliged to respond, however I will keep any response commentary here.

Motivation

Sam has indicated that the intent of this action is to simply damage ServWise. This is not the case, the intent to avoid any damage to ServWise, while encouraging the payment of an outstanding debt. As such, we urge anyone to remain with ServWise, to continue any planned migrations to ServWise, and to please not take advantage of any "offers" to migrate to alternative services. It is understood that the performance issues faced while I was at ServWise are no longer evident, and so are not a concern. There are several current customers that will testify to this. No one involved wants this situation to end with drastic action, but it is important you are kept informed of possible outcomes. The wording of this page has been adjusted to avoid the suggestion that an outage is inevitable, and my apologies for any confusion.

Sam is unwilling to discuss the details of the situation publicly for "legal reasons", so I will outline in more detail what the situation is.

Agreement

Sam categorises my role at ServWise as a "contractor", which some might find a bit disengenous, as we formed the business as equal partners, with equal profit share. The share split was later adjusted to recognise the greater role Sam was playing in the business, and the contributions of his partner.

There is a period of 19 months where the profit share for services rendered for ServWise under this agreeement remains unpaid. I imagine that if Sam was asked directly, he would admit that this is the case. The question is: "Why does Sam feel that he should not pay this debt?".

The agreement was that the share split would be reviewed quarterly if any parties felt they should be adjusted. At no point over this time was any review requested or undertaken, and equally, there was never a suggestion that anyone was not contributing their share.

Payment Issues

Profit share was to be paid monthly, however, this rarely occured, and was not pressed too hard by myself as I was aware that Sam had financial pressures. I suggested on several occasions that payments resume to avoid the outstanding debt getting too large, and eventually these were ignored. This was concerning but I trusted Sam, as I think anyone who has had dealings with him would do also.

After 18 months, it seemed that this situation was getting out of hand, and so a more forceful approach was taken, and requested that payments resume immediately, and for Sam to provide a payment plan to pay the outstanding amount. Sam's response was to suggest that the agreed profit share didn't match contributions and that my share be halved. I in return agreed that we should review any changes to the profit share, but only once we had a plan to clear the outstanding debt. It was at this point that Sam said that the profit share adjustment should be backdated a year and half. I was somewhat surprised at this, and declined.

In response to my declining his "offer", Sam severed my administrative access to ServWise servers and systems. I tried on several occasions to get in contact with him, and finally received an email saying he no longer wished to discuss the matter directly.

Answers

So part of the answer is that Sam does not feel that the full amount should be paid. I disagree of course, and it is disagreements that the quarterly review was intended to resolve. Yet at no point was there any suggestion the profit share split should change until it was time to pay an accumulated debt.

The other part of the answer is that Sam believes some "illegal" activity has taken place on my behalf, an attempt to physically compromise servers. He even outlined it in a letter to our lawyers, and yet in that same letter offered to pay a small portion of the outstanding debt. Yes, an accusation followed by an offer of payment.

Sam: If you have evidence I have been involved in any illegal activity regarding ServWise servers, I urge you to take it to the police as soon as possible. You are offering a service where security is paramount, and any such activity should be taken seriously and acted upon decisively.

No such illegal activity has taken place, I would certainly be aware of it. The notion is as absurd as it is insulting. It may simply be a fiction invented to justify Sam's actions.

Sam: What you think happened did not, whatever it is. I will cooporate fully with any investigation, and once the misunderstanding is cleared up, would that then pave the way to you settling this debt? If so, lets get on with it. If not what else is required?

Possibilities

There are two possibilities here. One is that this is an unmotivated attempt to damage ServWise from an "ex-contractor" a year after being "fired", and the other is that this is just another step in a long and frustrating process to get a debt settled.

Which is more likely?

Follow up

If anyone has questions about any of this, or would like further clarification, please email me at this domain or via the twitter account. I shall reply by email, twitter, or here as appropriate. Sam is no doubt providing his own version of events and I'd be happy to clear up any conflicts in the two stories.

I invite Sam to continue to discuss this matter publicly, at a forum of his choice. I understand why you are hoping to avoid any direct confrontation but this would seem to be the fastest road to resolution. Additionally, if you feel there are any inaccuracies here or in the email I sent, please let me know and I will issue a retraction.

Legal action suspended (20/12/2012)

Legal action has been posponed until March 2013 to provide customers time to prepare
contingencies in the face of potential outages where ServWise operations may be halted
during dispute settlement. Every effort will be taken to ensure this does not happen, so please do not take any premature action. This means that no legal action of any kind is underway at this point, no action is taken by lawyers, and nothing is before courts

About

This site is to inform ServWise customers of the latest updates in the ongoing payment
dispute with Sam Morgan.